St James's Palace said it is still considering whether to make a formal complaint about The Sun's publication of nude photos of Prince Harry.
The palace confirmed its stance after The Press Complaints Commission (PCC) announced yesterday that it would be "inappropriate" to open an investigation into the matter.
The press watchdog revealed officials are in dialogue with Harry's representatives, but said any inquiry without consent could "pose an intrusion" in itself.
It came after the PCC warned that publication could breach the editor's code of practice on privacy grounds.
Asked whether they would, or would not, make a formal complaint to the PCC, a palace spokesman said: "We are still considering matters and will make a decision in our own time."
Commenting on their general position on the issue he said it had not changed since the pictures emerged and it was "down to editors to make a decision about what they chose to publish".
The PCC said in a statement it had received around 3,800 complaints about the publication of the photos.
The statement continued: "The Commission is in continuing dialogue with Prince Harry's representatives but as yet has not received a formal complaint.
"The Commission would be best placed to understand these issues - including the circumstances in which the photographs were taken - with the formal involvement of Prince Harry's representatives.
"In addition, an investigation by the Commission, without consent, would have the potential itself to pose an intrusion.
"The Commission is grateful to the many members of the public who have contacted it to express concerns about The Sun's coverage but has concluded that it would be inappropriate for it to open an investigation at this time for the reasons above."
The images led to global headlines after emerging on a celebrity gossip website last month.
Only The Sun defied a request to UK newspapers, made by St James's Palace via the PCC, to respect the prince's privacy and not publish the pictures.
The tabloid's front-page image showed Harry holding his genitals and another inside showed him with his bottom exposed while apparently playing strip billiards with an unknown blonde.
A spokeswoman for News International, The Sun's publisher, did not issue a new statement, instead referring to the paper's editorial on the day it published the photos.
The editorial read: "The photos have potential implications for the Prince's image representing Britain around the world.
"There are questions over his security during the Las Vegas holiday. Questions as to whether his position in the Army might be affected. Further, we believe Harry has compromised his own privacy."
Adding it was "vital" that the paper ran the pictures, the editorial continued: "The Prince Harry pictures are a crucial test of Britain's free Press.
"It is absurd that in the internet age newspapers like The Sun could be stopped from publishing stories and pictures already seen by millions on the free-for-all that is the web."
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